When you have been arrested and charged with a felony offense, the consequences of a conviction could be far more severe than if you were charged with a misdemeanor.
You could face harsh penalties if charged with a fifth-degree felony. Here is more about some of the more common types of fifth-degree felonies and what to expect if you have been charged in Ohio.
What Is a Fifth-Degree Felony in Ohio?
Fifth-degree felony charges are the first level of felony level charges above misdemeanors in the state of Ohio. If you have been charged with a fifth-degree felony, the penalties of a guilty verdict could be more severe than you might have been expecting.
For this reason, you will want to be sure to retain an experienced criminal defense lawyer who could help get your charges reduced to the misdemeanor level or dismissed entirely.
Common Fifth Degree Felony Crimes in Ohio
Some types of fifth-degree felony crimes are more common than others in Hamilton County. These include:
- Breaking and entering
- Identity fraud
- Drug crimes
- Forgery
- Theft crimes
Breaking and Entering Charges in Ohio
Under Ohio law, breaking and entering is a fifth-degree felony and can be charged when someone is accused of using force, deception, or stealth to trespass an unoccupied structure. This effectively combines the two separate Ohio criminal offenses of theft and criminal trespassing.
Identity Fraud Charges in Ohio
Identity fraud can take many forms. Under Ohio Revised Code 2913.49, it is against the law for anyone to possess, use, or obtain someone else’s identification to represent themselves as this individual. Identity fraud also includes credit card fraud and check fraud.
Drug Crimes in Hamilton County
You could face harsh penalties if you have been charged with drug possession, drug trafficking, manufacturing, or distribution. Some of the common types of fifth-degree felony drug charges surround drug possession. Examples of fifth-degree felony drug possession charges include:
- Possession of as much as one gram of heroin
- Possession of as much as five grams of cocaine
- Possession of as much as three grams of methamphetamines
- Possession of as much as 999 grams of marijuana
- Possession of as much as 10 doses of LSD
Forgery Charges in Ohio
Under Ohio Revised Code 2913.31, you can be charged with forgery if you sign someone else’s name on any legal document. You could also face forgery charges if you present a forged check in the hopes of cashing it or creating false identification documents.
Forgery is commonly charged as a fifth-degree felony but could also be charged as a misdemeanor, depending on the specific details of your case.
Theft Crimes
Ohio law describes theft as taking someone else’s property without their consent with the intent to permanently deprive the owner of that property. Generally, theft can be considered a fifth-degree misdemeanor when the item in question is valued at $1,000 or more.
What Are the Penalties for a Fifth-Degree Felony in Cincinnati?
Someone found guilty of a fifth-degree felony in Cincinnati will face more severe penalties than someone found guilty of a misdemeanor criminal offense. Some examples of the criminal penalties associated with a conviction include:
- A maximum of five years on probation
- Fines as high as $2,500
- Up to 12 months in state prison
- Court-ordered mental health counseling
- Completion of a drug or alcohol treatment program
- Community service
- Attendance at court-ordered group therapy
Other Consequences of a Fifth Degree Felony Conviction
There will also be many collateral consequences you could face. Your personal and professional reputations could be destroyed, and you may find your career in ruins. You could suffer suspension or revocation of your driver’s or professional licenses.
Individuals convicted of fifth-degree felonies could also face deportation, citizenship issues, loss of child custody or voting rights, and the loss of their right to bear arms. If you hope to avoid these penalties, you must take action to clear your name of the fifth degree felony charges against you.
What to Do if You Face Fifth Degree Felony Charges in Cincinnati, Ohio
If you have been charged with a fifth-degree felony, you must take steps to protect your future. Do not answer any questions the police may ask you, as anything you say could be used against you at trial. Do not talk to your friends or family about the details of your case since they could be called to testify against you.
Once you are given the opportunity, contact a criminal defense attorney for help. Your attorney can help you arrange bail, represent you at arraignment, and work with you to determine how to best approach your defense. Having an experienced legal advocate on your side could make all the difference in the outcome of your case.
Speak with a Criminal Defense Lawyer in Cincinnati Today
If you are facing fifth-degree felony level charges, it is essential that you have an experienced Cincinnati criminal defense lawyer at Luftman, Heck & Associates, advocating for your freedom.
Our firm is proud to offer no-cost, risk-free consultations to those accused of fifth-degree felony charges across Cincinnati and surrounding cities. Schedule yours by completing our confidential contact form or calling our office today at (513) 338-1890.
